JCIO 56/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chancellor, with the Lady Chief Justice’s agreement, has removed Mr Keith O’Brien from the magistracy for failure, without a reasonable excuse, to complete the minimum annual sittings required of a magistrate.

Facts

On appointment, magistrates sign an undertaking which includes a commitment to sit for at least 13 days (or 26 half days) a year. They are also expected to keep in regular contact with their bench chair and be able to demonstrate commitment and reliability.

The summary process in the Judicial Conduct (Magistrates) Rules 2023 enables an advisory committee to recommend a magistrate’s removal from office without further investigation where that magistrate has failed, without a reasonable excuse, to meet their minimum sittings requirement.

Mr O’Brien did not respond to the South East Regional Conduct Advisory Committee (SERCAC)’s attempts to contact him about the matter and did not respond to the Judicial Conduct Investigations Office to make representations when it notified him of the SERCAC’s recommendation for his removal.

South East Regional Conduct Advisory Committee recommendation

In recommending Mr O’Brien’s removal from office, the SERCAC took into consideration that he had not met the annual minimum sittings requirement for his role since December 2023.

Decision

The Lord Chancellor and the Lady Chief Justice agreed with the recommendation to remove Mr O’Brien from office without further investigation.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website